President Yoweri Kaguta Museveni has welcomed the judiciary’s move to adopt the Alternative Dispute Resolution (ADR).
Gen Museveni who was represented by the Vice President Major (Rtd) Jessica Alupo during the official opening of the 1st High-Level National Alternative Dispute Resolution Summit 2023 on Monday at Serena Hotel, Kampala said that ADR is one of the principles of the African Jurisprudence and it was the centerpiece of justice in African societies before colonial ruler invaded Africa.
He urged that it was the philosophy of law the Africans used before the British introduced the current legal system. “We have not given sufficient attention to the fundamental questions, regarding the law, as it is now. However, I wish to emphasize that the legal system must be part and parcel of the organic body of society,” President Museveni said.
“I, therefore, welcome the efforts of the Judiciary to re-orient its philosophy from the colonial disposition of justice to a more Africanized institution, that reflects the interests and values of our people. The Africans had an elaborate way of handling disputes before colonial rule. This is a departure from the current legal system, where a person hires a lawyer to cover his or her mistakes; to minimize the mistake and maximize innocence. There is no attempt to arrive at the truth.”
He revealed that the ancient African justice system was not detached from the people and it did not tolerate impunity where the guilty party was tasked to compensate for his or her mistake in accordance with the weight of the crime one committed and this helped to eliminate crime because the price for the misbehavior was high.
“The role of the Judiciary is to separate two parties that are fighting, in a fair manner, so that everybody is satisfied. This restoration of peace and harmony was cherished in the African system. Africans viewed disputes as an opportunity for strengthening, instead of breaking societies and relationships. Therefore, the modern system of justice has many lessons to learn and replicate from the African concept of justice,” said President Museveni.
He emphasized that Justice systems must relate to the people daily and appreciate their need for fairness. He also noted that traditional conflict resolution techniques such as mediation, adjudication, reconciliation, and negotiation, which Africans employed in the past, offered great prospects for peaceful co-existence and harmonious relationships in post-conflict periods.
The President, therefore, promised that the government will support the Judiciary to expand the use of alternative dispute resolution because it will help to restore the traditional systems of dispute resolution.
Chief Justice Alfonse Owiny Dollo who also addressed the summit virtually noted that the concept of ADR is common but it has always been misunderstood by many yet its ability to work in Uganda is in the provision of article 126 of the 1995 constitution.
He added that in many instances, cases have been settled successfully under ADR.
“The embracing of ADR mechanism in courts has resulted in a more satisfactory dispensation of justice and it’s an essential case backlog management tool. With regards to aberration as ADR, there has been steady growth for over the 20 years.”
Do you have a story in your community or an opinion to share with us: Email us at editorial@watchdoguganda.com
